Singh v The QueenCitation:[2020] HCA 25Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:05 Aug 2020Case Number:D16/2019Read more

Singh v The QueenCitation:[2020] HCA 25Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:05 Aug 2020Case Number:D16/2019Read more

The court cannot quash the conviction and order a retrial after the appellant's death; the appeal abates.

Parties
Appellant: Unknown (Appellant); Respondent: Unknown (Respondent)
Jurisdiction
Australia
Judgment Date
05 August 2020
Procedural Posture
Criminal Appeal / Judgment After Hearing and Death of Appellant
Outcome
Appeal abated due to death of appellant
Legal Topics
Death of Appellant, Effect of Death on Appeal, Quashing Conviction, Retrial
Criminal Law Appellate Procedure Death of Appellant Effect of Death on Appeal Quashing Conviction Retrial

Case Brief

Summary, issues, holding and outcome

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Parties

Unknown (Appellant)

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Criminal Appeal / Judgment After Hearing and Death of Appellant

Legal Issues

  1. 1 Whether the court can quash a conviction and order a retrial after the appellant's death
  2. 2 Whether any other order is appropriate following the death of the appellant after the appeal was heard

Ratio Decidendi

The court cannot quash the conviction and order a retrial after the appellant's death; the appeal abates.

Court Disposition

Appeal abated due to death of appellant